"The Massacre of the Tonsil": Tonsillectomies and Medical Malpractice in Mid-20th-Century Canada.

Abstract

Tonsillectomy was one of the most common surgeries in Canada in the mid-twentieth century. Tonsils received blame for many health problems, and advocates of the tonsillectomy said it was an important form of preventative medicine. However, like all surgeries, the procedure came with dangers. Only a small percentage of patients - most of whom were children - suffered injuries or died, but the large number of tonsillectomies meant that a substantial number of people experienced adverse outcomes. Plaintiffs who sued for medical malpractice faced a tort law system that made it extremely difficult to secure compensation. So long as the procedure was carried out with an ordinary level of skill and care, no compensation was typically available. This paper shows how Canadian law facilitated the use of tonsillectomy, and, in doing so, highlights the need to consider the role of judge-made law in the history of medicine.